Blackwater Trial: Mercenaries Go Free

by Barbara McPherson | January 2, 2010 at 11:25 am
925 views | 78 Recommendations | 10 comments

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Iraq expresses dismay at US verdict - 02 Jan 10

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Iraq expresses dismay at US verdict - 02 Jan 10

Few Americans seem aware of the extent that mercenaries influence the War in Iraq.  The charges against the Blackwater Security contractors presided over by Ricardo Urbina have been dismissed.  This incident resulted in the deaths of 17 Iraqis, 14 of which were unarmed, women and children.  It is alleged that the Blackwater Security contractors opened fire on the unarmed civilians while they were stopped at a Bagdad intersection.  The Blackwater Security firm has changed its name to Xe Services and continues to operate in Iraq.  It is not the only company of mercenaries financed by the American public. Huge sums are being paid to these firms who enjoy an immunity from prosecution by the Iraqi Government for their actions while in that country.


But Blackwater Worldwide, since renamed Xe Services, is not the only security contractor operating in Iraq.

Since the US-led invasion and occupation in 2003, more than 100 private security firms have set up shop in Iraq, many of their names and mandates unknown to the media.

All have been granted immunity from Iraqi prosecution under an agreement signed by Paul Bremer, the Coalition Provisional Authority head, and the Iraqi Governing Council, an interim political body established after the fall of Baghdad, in 2004.

Despite the handing of sovereignty to Iraqis on June 30, 2004, this immunity exemption remains in effect today.


The operation of private security firms(mercenaries) may be a necessary evil.  To grant them immunity from justice in Iraq seems designed to make lifelong enemies of the people. How hard is it to understand the rage and enmity arising from a mercenary employed by the Americans, killing your child in cold blood.
I've had more than a few Americans ask me, "Why do they hate us so much?"  While the majority of American citizens are good, caring people, the actions of foreign mercenaries financed by tax money, is what many people of the Middle East see as American action.

The killing of the 17 Iraqis was reported a year ago by a NP contributor.
Blackwater Guards Charged with Manslaughter

More coverage of this topic:

Blackwater Shooting Update:  Judge Dismisses All Charges 

Iraq 'Regrets' US Decision to Clear Blackwater Guards

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5
Amy Judd

Really good piece Barbara, well done

2
nanute


"The guards' attorneys contended that the statements were immunized -- meaning they could not be used in any criminal prosecution -- because their clients would have been fired if they had refused to comply."

The judge in this case ruled that the defendants constitutional rights were violated. Statements that were compelled to be given at the time of the incident were used as evidence. There has been speculation and allegations that the politicization of the Justice Dept. may have led to an attempt to subvert the prosecution of the case. These mercenaries may have gotten away with murder, (like OJ), but the civil penalties may not be as easy to evade. There is also speculation that the government may bring charges of giving false statements to investigators.

Under the circumstances, the judge had no choice but to dismiss the case. The rule of law does not allow otherwise.


5
Sputnic

So the USA hired a private contractor to do a military job specifically so they could wash their hands of anything going wrong !

3
stejeb

This is one of the most blatant miscarriages of justice I've seen for a long time.

The charges were dismissed on a "technicality"

"Judge Ricardo Urbina said US Justice Department prosecutors improperly built their case on sworn statements that had been given under a promise of immunity. The judge did not rule on the substance of the charges against the security guards. As government contractors, the Blackwater employees were required to speak to an investigator after a shooting.

Judge Urbina said the use of these statements violated the defendants' rights against compelled self-incrimination.

''In their zeal to bring charges against the defendants … the Government used compelled statements to guide its charging decisions … and ultimately, to obtain the indictment in this case,'' the judge said in a 90-page opinion on Thursday. Because the indictment was thrown out on legal grounds, the Government could order an appeal. It could also charge the guards again, although a new prosecution could be difficult, given the judge's finding that the case was so thoroughly tainted." Source. smh


In a situation like this where there has been the use of mercenaries by a government, it's not just the Blackwater lot who should be on trial, the US government, and a justice system that allows (alledged) murderers to get off scot free without even a trial should answer too.

America is very quick to demand "justice" from foreign countries when their own are killed, how about setting an example?

2
snuffysmith

I do not view the dismissal on 5th Amendment grounds a mere "technicality."  There are important substantive reasons to protect and guarantee US citizens their constitutional rights even if we don't like the outcome. And the government has the option of building a case against these defendants independently of the statements taken at the time of the incident.

2
Uwe Paschen

The legionnaires of modern times. 


2
Barry ORegan

Are not Taliban and Al Qaeda just as bad. to each their own I suppose, Course killing innocent men, women and children should never be condoned by either side. At least Blackwater have to answer for it, versus terrorists who do not give it a second thought.

0
Kerja Keras Adalah Energi Kita

It seems this problem is not resolved properly. Actually, where the error in completing the mission.

1
Barbara McPherson

Thank all of you for your well thought out comments.  Whether or not the mercenaries hired by the US government took justified action or not, the people who were affected by the action of Blackwater, see it as American aggression.  Just as every time an American citizen travels abroad, those hired by the Americans are representing the culture of the United States of America. 

2
snuffysmith


(Another) failure in American public diplomacy - Dan, mcdermottwire.com:


"By now you’ve probably read/heard about the dismissal of all charges against the 5 Blackwater employees accused of killing 17 Iraqi civilians in 2007. ... The reason I bring up this story is because of its impact on the American image in the Arab world. George W. Bush’s early invocations of crusades and later references to Islamic fascism have come to define US foreign policy in the Middle East. Any positive American gains vis a vis diplomacy are either colored by these statements or wiped away by actions such as this Blackwater case. The American image in the Arab world is one of an aggressive, hypocritical…idiot. Aggressive because we’re currently fighting 5 wars with little direction or reason; hypocritical because we ascribe to universal civil/human rights and democracy, but only apply that ideology selectively. And I use the term ‘idiot’ because that’s exactly what our image is abroad, especially in the Arab world. American diplomats still cannot engage in Arabic, and seem disturbingly out of touch with the communities in which they are based. ... Obama’s early speeches on Al Arabiya and in Cairo were steps in the right direction, but public diplomacy involves substantive policy change in addition to these gestures. What do you think plays more in the Arab world – two speeches promising change or a ruling that acquits 5 murderers? ... I only want to point out that a serious legal decision was accompanied by a serious lapse in American public diplomacy. Even if this ruling is somehow ‘right’, shouldn’t American officials be engaging in some sort of damage control in the Arab world? Instead, we’re obsessing over the failed underwear bomber and throwing ourselves into open conflict in Yemen. All while our image continues to plummet.“ Image from

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Amy Judd
First Flagged at 11:39 AM, Jan 2, 2010 by Amy Judd
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